Leela L v. The District Collector, Thiruvananthapuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 23630 of 2015 (C) ---------------------------- PETITIONER:

-------------------- LEELA L AGED 61 YEARS D/O.LEKSHMIKUTTY, PANANVILAPUTHUKUNNU, THANAL HOUSE POUDIKKONAM P.O, MELULIYAZHTHURA MURI ULIYZHTHUA VILLAGE, THIRUVANANTHAPURAM TALUK THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.N.SUKUMARAN PANICKER SMT.KEERTHI SOLOMON RESPONDENTS:

------------------------

1. THE DISTRICT COLLECTOR, COLLECTORATE CIVIL STATION, KUDAPPANAKKUNNU P.O THIRUVANANTHAPURAM.

2. SUNILKUMAR, S/O.LEELA L, PANANVILAPUTHUKUNNU, THANAL HOUSE, POUDIKKONAM P.O MELULIYAZHTHURA MURI, ULIYZHTHUA VILLAGE THIRUVANANTHAPURAM TALUK THIRUVANANTHAPURAM DISTRICT.

R1 BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23630 of 2015 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE TRUST DEED DATED 7.2.12.

EXHIBIT P2.

COPY OF THE TREATMENT CERTIFICATE DATED 24.7.15 ISSUED FROM MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXHIBIT P3.

COPY OF THE GIFT DEED DATED 22.6.2015 BY THE PETITIONER. EXHIBIT P4.

COPY OF THE LETTER NO.S11-25075/2015 OF THE DISTRICT COLLECTOR, THIRIUVANANTHAPURAM DATED 28.5.15. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 23630 of 2015 (C) ------------------------------------------ Dated this the 13th day of August, 2015

J U D G M E N T

The petitioner has filed the above writ petition against Ext.P4 order of the District Collector.

2.

The petitioner is said to have transferred 5.60 Ares of property and the residential building thereon to one Trust which is also a prayer group, by Ext.P3. The averments in the gift deed is to the effect that there is a gift in favour of a Trust, made of the said properties, and that the hall in the house is used for prayers.

3.

However, there is absolutely no permission taken from the District Administration to conduct a prayer hall in the said premises. The petitioner, if has conveyed the properties, would also not have any locus standi to file the above writ petition.

In such circumstance, for both the reasons, the writ petition would stand dismissed in limine.

Sd/- K.VINOD CHANDRAN, JUDGE jjj